Loading...
1545* Southeast Drilling IFB 11/12-17 Pmt & Perform Bonds2 � � S Wednesday, November 14, 2012 PURCHASING DEPARTMENT RANSMi'TrAL M EM ORANDUM To: City Clerk RE Southeast Drilling Services, Inc 11 11/12 -17 Payment and Performance Bonds The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order Mayor's signature ❑ Final Plat (original mylars) Recording�'� "���.�, F Letter of Credit El Rendering ❑ Maintenance Bond Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest /Signature Once completed, please: ® Return originals to Purchasing ❑ Return copies Special Instructions: Safe keeping I Marisol Ordoiiez From lk -,-- /C�) Date T: \Dept forms \City Clerk Transmittal Memo - 2009.doe PROJECT NO. IFB 11/12 -17 Bond # 929452628 SECTION 00610 PAYMENT BOND M N KNOW ALL MEN BY THESE PRESENTS: that Southeast Drilling Services, Inc. N (Name of CONTRACTOR) M a w 10614 E US Highway 92 Tampa, FL 33610 - 6 (Address of CONTRACTOR) w Cd a Corporat hereinafter called (Corporation, Partnership or Individual) Principal, and Western Surety Company (Name of Surety) Cd Cd a P.O. Box 5077 Sioux Falls, SD 57117 -5077 Z (Address of Surety) 0 0 hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida o hereinafter called OWNER, in the full and just Sum of two hundred sixty seven thousand two hu ndred dollars & 00 /x )DOLLARS ($ 267,200.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, o successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price. U THE CONDITION OF THIS OBLIGATION is such that whey as t e Principal entered into a A certain Agreement with the OWNER, dated the day of , �� a on a copy of which is hereto attached and made a part hereof for the construction of (2) Hidden Lakes Well 7 Replacement, Solicitation Number IFB 11/12-17 CA Cc 0 1) Name of owner -City of Sanford, FI 2) Name of Project identified in Instructions to Bidders - Hidden Lakes Well 7 Replacement 0 E The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. v A4 NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make o payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the A Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: Cd 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as the same may be amended. a a� ss. a� p� 00610 -1 PROJECT NO. IFB 11/12 -17 2. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall, within forty -five (45) days after beginning to furnish labor, Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR with a notice that he intends to look to the Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his labor, Materials or supplies shall within ninety (90) days after performance of the labor or completion of delivery of the Materials or supplies, or, with respect to rental equipment, within 90 days after the date that the rental equipment was last on the job site available for use, deliver to the CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the Materials or supplies and of the nonpayment. No action for the labor, Materials or supplies may be instituted against the CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the Materials or supplies. 3. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent, (ii) waivers of compliance with or any default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under The Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 4. Any changes in or under the Agreement or Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral and bilateral) or other modifications to the Agreement or Contract Documents. 5. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. 00610 -2 PROJECT NO. IFB 11112 -17 IN WITNESS WHEREOF, this instrument is executed this the 7th day of November , 2012 ATTEST: Secretary (Pi cipal) Southeast Drilling Services, I nc. Principal (Contractor) _ By (Sig ,Sonya P Ziegler Typed Name (CORPORATE SEAL) (Witness to Principal) Typed Name and Title Address 10614 E. US Highway 92 Tampa, FL 33610 City, State, Zip 813 - 968 -7277 813 - 443 -0530 Telephone No. Facsimile No. Michael Whitman Typed Name ATTEST: VLtIA \04J (Surety) Satretary Western Surety Company Surety Tracy Todd Typed Name 407 - 919 - 3945 407 - 919 - 0530 Telephone No. Facsimile No. (CORPORATE SEAL) n n a Witnes as to turety By: ; ; - a torney -i " -Fact Mary Kay Stacey Typed Name c--�— I Witness as to Surety Sharon Taylor Typed Name Jenn ifer A Fava Typed Name 11470 N 53rd Street Address Temple Terrace, FI 33617 City, State, Zip 813 - 988 - 1234 813 - 988 - 0989 Telephone No. Facsimile No. 00610 -3 PROJECT NO. IFB 11/12 -17 NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00610 -4 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael Wayne Rogers, Sharon Elaine Taylor, Jennifer A Fava, Individually of Temple Terrace, FL, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 10th day of September, 2010. �SUaErro WESTERN SURETY COMPANY Mi j�s f�SCA- P O � Paul . Bmflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 10th day of September, 2010, before me personally came Paul T. Bruflat, tome known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +''%%%% %%%%%%%%%%%%%%%%%%% + f D. KRELL f November 30, 2012 i NOTARY PUBLIC sE t. i j�SOUTH DAKOTAc i + ♦ \tihtititi ♦titi ♦titititi \•titi4tiyti + CERTIFICATE AjA 7��al D. Krell, No Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation} not on the reverse he�rre9f is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this _ '" day of / V 4 yelm b c , 1120107— . VAN �RErrc WESTERN SURETY COMPANY r POq�` Wi4�� '9F i^ v t = L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. PROJECT NO. IFB 11/12 -17 Bond # 929452628 SECTION 00605 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Southeast D r i l l i n g Servi Tnc _ (Name of CONTRACTOR) 10ti14 E TTS Hiclhwa�z 92, Tampa, FT 3'1e10 (Address of CONTRA(fTOR) a rc)rpora t i o n hereinafter called (Corporation, Partnership or Individual) Principal, and Western Surety Company (Name of Surety) P.O. Box 5077, Sioux Falls, SD 57117 -5077 (Address of Surety) hereinafter called Surety, are held and firmly bound unto 1)City of Sanford, Florida hereinafter called OWNER, in the full and just Sum of Two hundred sixty seven thousand two hu ndred dollars & 00 /xx DOLLARS ($ 267,200.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than one hundred ten percent (110 %) of the Contract Price. THE CONDITION OF THIS OBLIGATION is Bch th whepa , tl�e Principal entered into a certain Agreement with the OWNER, dated the day of V °?za a copy of wh.ich is hereto attached and made a part hereof for the construction of 22 Hidden Lakes Well 7 Replacement, Solicitation Number IFB 11/12 -17 1) Name of owner -City of Sanford, FI 2) Name of Project identified in Instructions to Bidders - Hidden Lakes Well 7 Replacement This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes and the Agreement referenced above, as the same may be amended. The Surety shall be bound by any and all alternative dispute resolution awards and settlements to the same extent as CONTRACTOR is bound. NOW, THEREFORE, the condition of this obligation is such that if Principal: Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited to the insurance provisions, guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement, and 00605 -1 PROJECT NO. IFB 11/12 -17 2. Pays OWNER all losses, damages, delay damages (liquidated or actual), expenses, costs and attorneys' fees, including costs and attorney's fees on appeal that OWNER sustains resulting directly or indirectly from any breach or default by Principal under the Agreement, and 3. Satisfies all claims and demands incurred under the Agreement, and fully indemnifies and holds harmless the OWNER from all costs and damages which it may suffer by reason or failure to do so, then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above referenced Agreement and the Contract Documents of which the Agreement is a part. In the event that the Principal shall fail to perform any of the terms, covenants and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to the OWNER for all such loss or damage. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold the OWNER harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its obligations hereunder. This subsection shall survive the termination or cancellation of this Performance Bond. The Surety stipulates and agrees that its obligation is to perform the Principal's work under the Agreement under the Bond. The following shall not be considered performance under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's election to do nothing under the Bond shall be construed as a material breach of the Bond and bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principal's Work and be the completing Surety even if performance of the Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by OWNER. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon OWNER's pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by OWNER and Principal without the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii) the discharge of Principal from its obligations under the Agreement as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any similar state or federal law, or any limitation of the liability or Principal or its estate as a result of any such proceeding. 00605 -2 PROJECT NO. IFB 11/12 -17 , Witness as to Sur y By: 4 x w , � Z ) ttorney -i , .Fact Mary Kay Stacey Typed Name -,4U aA-� :Z;�4 Witness as td Surety Sharon Taylor Typed Name Jennifer A Fava Typed Name 11470 N. 53rd Street Address Temple Terrace, FI 33617 City, State, Zip 813 - 988 -1234 813 - 988 -0989 Telephone No. Facsimile No. NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by OWNER. ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of Performance Bond on behalf of Surety. END OF SECTION 00605 -4 PROJECT NO. IFB 11/12 -17 Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to the Agreement and Contract Documents. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide common law rights more expansive than as required by statute. The Surety agrees that this Bond shall be construed as a common law bond. IN WITNESS WHEREOF, this instrument is executed this the 7th day of November , 2012 ATTEST: �- Secretary (Pri cipal) 0 61 ,ya P. Z eSa er Typed Name Southeast Drilling Services, Inc. Principal (Contragtor) (CORPORATE SEAL) 1�IZ� - - '(Witness to Principal) M. . IM .. Tampa. FL 33610 City, State, Zip 813- 968 -7277 813- 443 -0530 Telephone No. Facsimile No. Michael Whitman Typed Name ATT ST: UN (Surety) Secrigtary Western Surety Company Surety Tracy Todd Typed Name (CORPORATE SEAL) 407 - 919 - 3945 407 - 919 - 053 0 Telephone No. Facsimile No. 00605 -3 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael Wayne Rogers, Sharon Elaine Taylor, Jennifer A Fava, Individually of Temple Terrace, FL, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 10th day of September, 2010. State of South Dakota 1 J l County of Minnehaha ss WESTERN SURETY COMPANY S uaerr c 4r 0 ° s Wl ,Z �'�SEAb Paul . Bruflat, Senior Vice President On this 10th day of September, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires �tititi�ti�ti♦tititititititititititia�tititi f r D. KRELL r November 30, 2012 i EAL NOTARY PUBLIC s i j�SOUTH DAKOTAc i + CERTIFICATE ALA k4_ew D. Krell, Nolary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hgeof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of AAA W4nhe r �Y� . WESTERN SURETY COMPANY + .o �� o t,POgg r `� ;e Nb4 �^jD W1 : \SEAS. / A TM pP L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.